20130570 Ver 1_More Info Letter_20130607

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RCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Byron & Ms. Jessica Trimmer
8909 Oxbridge Court
Raleigh, North Carolina 27613
Division of Water Quality
Charles Wakild, P. E.
Director
June 7, 2013
Subject: REQUEST FOR ADDITIONAL INFORMATION
8909 Oxbridge Court
Dear Mr. & Ms. Trimmer:
John E. Skvarla, III
Secretary
DWQ #: 2013 -0570
Wake County
On May 29, 2013, the Division of Water Quality (Division) received your application dated May 23, 2013
requesting a Major Variance to the Neuse Riparian Buffer Rules for your project. The Division has
determined that your application is incomplete and cannot be processed. The application is on -hold
until all of the following information is received:
1. Buffer mitigation is required for the proposed Zone 1 buffer impacts. Please submit a mitigation
plan detailing how the impact will be mitigated. The required area of mitigation is determined
by multiplying the impacts to Zone 1 of the riparian buffer by 3. You may elect to perform
buffer restoration or pay a compensatory mitigation fee. The following link under Options for
Compensatory Mitigation provides contact information for private mitigation banks in the Neuse
River Basin (outside of the Falls Lake Watershed) with riparian buffer credits available:
http: / /portal.ncdenr.ore /web /wq /nutrientbufferbanks. If credits are not available from a
private mitigation bank then you may contact the NC Ecosystem Enhancement to purchase
buffer restoration credits (919- 707 - 8976). If you choose to satisfy the buffer mitigation required
with a compensatory mitigation fee, then you will need to provide a letter from the private bank
or NCEEP indicating the availability of buffer restoration credits necessary for the project.
2. Stormwater treatment must be provided for an area equal to the entire amount of new
impervious area added within the riparian buffer. This includes the surface area represented by
the proposed deck as well as the screened porch. The infiltration trench proposed in your
application provides stormwater treatment for the proposed screened porch only. We will
accept treatment of the same amount of area from existing stormwater discharge(s) in lieu of
treating stormwater from the new proposed impervious area. To treat the amount of area
proposed within the riparian buffer would require an infiltration trench approximately 10 times
the size that is currently proposed based on the information provided in your application. This
type of BMP is also required to be at least 30 feet from the surface water and would require soil
permeability testing and a seasonal high water table determination from a licensed soil scientist
or professional engineer. We recommend that you consider installation of rain garden on the
southwest side of the home to treat stormwater from existing discharge(s). You may want to
Wetlands, Buffers, Stormwater — Compliance and Permitting (Webscape) Unit
1650 Mail Service Center, Ralegh, North Carolina 27699 -1650 NOnrthCarolina
Location 512 N Salisbury St Ralegh, North Carolina 27604 �aturatlr�
Phone 919 - 807 -63001 FAX [phone] Customer Service 1- 877 -623 -6748
Internet www ncwaterquality org

8909 Oxbridge Court
Page 2 of 2
June 7, 2013
consult the following link to NC State University Cooperative Extension Service's publication on
Backyard Rain Gardens: http: / /www.bae.ncsu.edu /topic /raingarden for more information.
3. The Division has determined that not all of the requirements [15A NCAC 02B.0233 (9)(a)] for a
Major Variance have been met. Please provide any available documentation to support your
major variance request for the following:
1 A If the applicant complies with the provisions of this Rule, he /she can secure no
reasonable return from, nor make reasonable use of, his /her property. Merely proving
that the variance would permit a greater profit from the property shall not be considered
adequate justification for a variance. Moreover, the Division or delegated local authority
shall consider whether the variance is the minimum possible deviation from the terms of
this Rule that shall make reasonable use of the property possible.
The lot currently contains a single - family home and associated deck that were
constructed in 1994 and are currently in use. Compliance with the provisions of the
Rule has not prevented reasonable return from or use of the property. The Division also
believes that the size of the proposed deck could be reduced to minimize the amount of
impact to Zone 1 of the riparian buffer.
Pursuant to Title 15A NCAC 02B.0233, the applicant shall furnish all of the above requested information
for the proper consideration of the application.
Respond in writing by sending two copies of all of the above requested information to the Wetlands,
Buffers, Stormwater — Compliance and Permitting (Webscape) Unit, 1650 Mail Service Center, Raleigh,
NC 27699 -1650.
Please be aware that you have no authorization under the Neuse Riparian Buffer Rules for this activity
and any work done within waters of the state may be a violation of North Carolina General Statutes and
Administrative Code.
Contact me at karen.hisi;ins@ncdenuov or 919 - 807 -6360 or Jennifer Burdette at
4ennifer.burdette @ncdenr.pov or 919 - 807 -6364 if you have any questions or concerns.
cc: DWQ RRO 401 files
DWQ Webscape Unit
Sincerely,
VII
Karen Higgins, Supervis
Wetlands, Buffers, Stormwater-
Compliance & Permitting Unit
File name: 130504Byron& JessicaTrimmer89090xbridgeCt (Wake)_NBR_MV_Hold.docx